The Dangerous Overreach of South Carolina's House Bill H. 4123
A Threat to Artistic Expression, Education, and Free Speech
South Carolina's House Bill H. 4123, known as the "Protection of Minors from Pornography and Obscenities Act," is currently making its way through the legislative process. While its stated goal is to protect minors from harmful content, the bill's broad definitions and sweeping measures raise serious concerns about its impact on artistic expression, education, and free speech.
Importantly, this bill will be discussed by the Judiciary Artificial Intelligence, Cybersecurity, & Special Laws Subcommittee tomorrow, April 29, 2025, at 10:30 am in Blatt Room 110.
Criminalizing the Arts
One of the most alarming aspects of H. 4123 is its potential to criminalize various forms of artistic expression. The bill updates definitions of "harmful to minors" and "material" to include any portion of materials and performances that may be considered obscene. This broad language could encompass a wide range of artistic works, from literature and theater to dance and drag performances. By targeting any content deemed obscene, the bill risks censoring valuable artistic expressions that contribute to cultural and social discourse.
Impact on Drag Performances
Drag performances, which often challenge societal norms and celebrate diversity, could be particularly vulnerable under this bill. The broad definitions of "harmful to minors" and "material" could be used to scrutinize and potentially ban drag shows, especially those with adult themes. This not only threatens the livelihood of performers but also undermines the freedom to express gender and identity in creative ways.
Educational Restrictions
The bill also poses significant threats to education. It limits the affirmative defense provided by the statute to only the teaching of age-appropriate sex education and human biology curriculum. This restriction could prevent educators from using certain materials that, while containing controversial content, are educational and important for comprehensive learning. By narrowing the scope of permissible educational content, H. 4123 could hinder students' access to diverse and critical perspectives.
Potential for Overreach
Critics argue that the bill's broad definitions and measures could lead to overreach, censoring a wide array of content and infringing on free speech. The bill's intent to close loopholes and clarify existing laws might result in the suppression of materials that have literary, artistic, political, or scientific value. This overreach could stifle creativity and limit the availability of diverse viewpoints, which are essential for a healthy and vibrant society.
Conclusion
House Bill H. 4123's broad and sweeping measures pose significant risks to artistic expression, education, and free speech. It is crucial for lawmakers to consider these implications and ensure that the bill does not inadvertently criminalize valuable forms of expression and learning. The arts, drag performances, and educational materials are vital components of our cultural fabric, and their protection is essential for fostering a diverse and inclusive society.